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(영문) 서울중앙지방법원 2018.04.04 2016가단5198607
수강료 반환
Text

1. The defendant shall pay 2,600,000 won to each of the plaintiffs and 15% per annum from November 12, 2016 to the day of complete payment.

Reasons

1. The parties' assertion

A. The plaintiffs believe that, upon attending the course of “M” introduced by the plaintiffs, they can obtain a certificate issued by Paris National Plust School (ECOLE DES ESS FESS ESPAS), and concluded a contract with the defendant by paying approximately KRW 2,600 per capita (hereinafter “instant lecture contract”) and paying approximately KRW 2.6 million per capita (hereinafter “the instant lecture contract”). In fact, the ECOES DES FESS CETRS PAS is not Paris school, not Paris school, and the completion certificate issued by the above lecture was concluded by the defendant’s deception, and therefore, the instant lecture contract was revoked by the delivery of the complaint of this case, and sought compensation for damages for unjust enrichment equivalent to the above lecture fees and delayed damages.

B. The party to the instant contract is not the Defendant but the Paris Plux School, and the Defendant did not commit deception against the Plaintiffs, and most of the instant contract was implemented.

2. Facts of recognition;

A. On September 29, 2017, the Defendant was sentenced to a fine of KRW 5 million for fraud (Seoul Eastern District Court 2017 High Court 2017 High Court 626), and appealed against the above judgment, but the decision to dismiss an appeal was finalized on November 28, 2017.

(Seoul Eastern District Court 2017No1490). (b)

Details of the established criminal facts are as follows:

1) Around March 2016, the Defendant posted a notice stating “N” as the title “M” on his own Sone Star Program and Blogs. 2) The Defendant falsely concluded that the Plaintiff, who reported and contacted the notice, can obtain a certificate of completion issued by the Paris National Srost School from May 23, 2016 to May 27, 2016 when attending the course.

3) However, ECOLE DES FLEUS CEPAS is not a Paris national school, and a certificate of completion issued after attending the course was not a French national certification certificate. 4) Nevertheless.

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